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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal is that the Defendant’s mistake in violation of the basic safety measures obligation causes the death of the victim, resulting in the death of the victim, and the Defendant’s failure to receive a letter from the bereaved family members of the victim, and thus, the Defendant’s imprisonment (eight months of imprisonment and two years of suspended execution) is too unreasonable.
2. In light of the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment in the court below. The defendant committed the crime in this case while recognizing the fact of the crime in this case, and the victim's bereaved family members received KRW 76 million as industrial accident insurance money from the Korea Workers' Compensation and Welfare Service, and other sentencing factors in this case, such as the defendant's age, character and conduct, environment, background, means and consequence of the crime, circumstance after the crime, etc., it cannot be recognized that the court below's sentencing judgment is too unfeasible and it exceeded the reasonable scope of discretion.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.